Trespassers will be shot
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Answer by Ty Doyle , Partner at litigation boutique. Photo by Brian Stansberry. In the United States, the answer to the first question is yes, the answer to the second question is no at least not regarding the use of deadly force , and the answer to the third question is more complicated.
You may not be viewed as the most neighborly person in your community, but the government should not be able to punish you for such a sign, or force you to take it down.
Now, to the second question. The bottom line here is that if a trespasser is shot by a property owner, the legality of the shooting will depend entirely on the facts of the shooting itself, and not on the existence or lack thereof of a "warning" sign.
Finally, the third question. The law regarding self-defense is going to vary from state to state, but generally speaking, deadly force may not be used in defense of property property can be replaced, lives cannot , and the use of deadly force must be in response to reasonable fear of serious, imminent bodily harm to oneself or others.
See expanded self-defense laws. Furthermore, there is also a distinction between "stand your ground" and "duty to retreat" jurisdictions; in the former category nearly half of all states , an individual does not have to attempt to retreat before responding with deadly force where self-defense is justifiable.
In a minority of states, the use of deadly force in self-defense is only permitted if an individual cannot safely avoid the risk of harm or death, such as by running away.
And finally, there are a handful of states that are in between, imposing a duty of retreat in only certain circumstances. But as a general matter, the key terms regarding self-defense are proportionality and reasonableness: In some regions of the world, a property owner may use reasonable typically meaning non-deadly force to prevent a person from trespassing on their land, or to expel a trespasser.
Many jurisdictions within the United States have passed statutes to modify or clarify the common law duties owed by a property owner to a trespasser for example, by explicitly permitting the property owner to use deadly force to expel trespassers.
From Wikipedia, the free encyclopedia. This article is about the legal concept of a trespasser. For other uses, see Trespasser disambiguation.
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Assault Battery False imprisonment Intentional infliction of emotional distress Transferred intent. Trespass land chattels Conversion Detinue Replevin Trover.
Product liability Quasi-tort Ultrahazardous activity.